(Motor Vehicles (Amendment) Act, 2019)

SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 1 Thursday, March 24, 2022

Printed For: Sakshi Matlani, School of Law, NMIMS
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
The
Motor Vehicles (Amendment) Act, 20191
(Motor Vehicles (Amendment) Act, 2019)
[Act 32 of 2019]
[9th August, 2019]
An Act further to amend the Motor Vehicles Act, 1988.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Motor
Vehicles (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into force
of that provision.
———
NOTIFICATION
Ministry of Road Transport and Highways, Noti. No. S.O. 3110(E), dated August 28,
2019, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 28th
August, 2019, No. 2841
In exercise of the powers conferred by sub-section (2) of Section 1 of the Motor
Vehicles (Amendment) Act, 2019 (32 of 2019), the Central Government hereby
appoints the 1st day of September, 2019 as the date on which the following provisions
of the said Act shall come into force, namely:—
Sl. No. Sections
1. Section 2 and 3;
2. Clauses (i) to (iv) of Section 4 (both inclusive);
3. Clauses (i) to (iii) of Section 5 (both inclusive);
4. Section 6;
5. Clause (i) of Section 7 ;
6. Section 9 and 10;
7. Section 14;
8. Section 16;
9. Clause (ii) of Section 17;
10. Section 20;
11. Clause (ii) of Section 21;
12. Section 22;
13. Section 24;
14. Section 27;
15. Clause (i) of Section 28;
16. Section 29 to 35 (both inclusive);
-----------------------------------------------------------------------------------------------------------------------------------------------------------

19. Section 43;
20. Section 46;
23. Section 75;
24. Sub-clause (i) of clause (B) of Section 77;
26. Section 89;
27. Sub-clause (a) of clause (i) and clause (ii) of Section 91; and
28. Section 92.
2. Amendment of section 2.—In the Motor Vehicles Act, 1988 (59 of 1988)
(hereinafter referred to as the principal Act), in section 2,—
(i) for clause (1), the following clauses shall be substituted, namely:—
‘(1) “adapted vehicle” means a motor vehicle either specially designed and
constructed, or to which alterations have been made under sub-section (2) of
section 52, for the use of a person suffering from any physical defect or
disability, and used solely by or for such person;
(1A) “aggregator” means a digital intermediary or market place for a
passenger to connect with a driver for the purpose of transportation;
(1B) “area”, in relation to any provision of this Act, means such area as the
State Government may, having regard to the requirements of that provision,
specify by notification in the Official Gazette;’;
(ii) after clause (4), the following clause shall be inserted, namely:—
‘(4A) “community service” means an unpaid work which a person is
required to perform as a punishment for an offence committed under this
Act;’;
(iii) after clause (9), the following clause shall be inserted, namely:—
‘(9A) “driver refresher training course” means the course referred to in sub-
section (2A) of section 19;’;
(iv) after clause (12), the following clause shall be inserted, namely:—
‘(12A) “golden hour” means the time period lasting one hour following a
traumatic injury during which there is highest likelihood of preventing death
by providing prompt medical care;’;
(v) clause (18) shall be omitted;
(vi) in clause (24), for the words “invalid carriage”, the words “adapted vehicle”
shall be substituted;
(vii) in clause (26), for the words “invalid carriage”, the words “adapted vehicle”
(viii) after clause (38), the following clause shall be inserted, namely:—
‘(38A) “scheme” means a scheme framed under this Act;’;
(ix) after clause (42), the following clause shall be inserted, namely:—
‘(42A) “testing agency” means any entity designated as a testing agency
under section 110B;’;
(x) in clause (49), after the word “rests”, the words “or moves” shall be inserted.
3. Insertion of new section 2B.—After section 2A of the principal Act, the
following section shall be inserted, namely:—
-----------------------------------------------------------------------------------------------------------------------------------------------------------
“2B. Promotion of innovation.—Notwithstanding anything contained in this Act

and subject to such conditions as may be prescribed by the Central Government, in
order to promote innovation, research and development in the fields of vehicular
engineering, mechanically propelled vehicles and transportation in general, the
Central Government may exempt certain types of mechanically propelled vehicles
from the application of the provisions of this Act.”.
4. Amendment of section 8.—In section 8 of the principal Act,—
(i) in sub-section (1), for the words “the licensing authority having jurisdiction in
the area”, the words “any of the licensing authority in the State” shall be
substituted;
(ii) in sub-section (2), for the words “and with such fee”, the words “with such
fee and submit in such manner, including electronic means” shall be
substituted;
(iii) in sub-section (3),—
(a) after the word “application”, the words “to drive a transport vehicle made”
shall be inserted;
(b) the proviso shall be omitted;
(iv) in sub-section (4), in the proviso, for the words “invalid carriage”, the words
“adapted vehicle” shall be substituted;
(v) in sub-section (5), for the words “passes to the satisfaction of the licensing
authority such test”, the words “satisfies such conditions” shall be
substituted;
(vi) in sub-section (6), after the proviso, the following provisos shall be inserted,
namely:—
“Provided further that a licencing authority may issue a learner's licence in
electronic form and such manner as may be prescribed by the Central
Government.:
Provided also that the licensing authority may, before issuing the license,
verify the identity of the applicant in such manner as may be prescribed by
the Central Government.”.
the area”, the words “any licensing authority in the State” shall be
substituted;
(ii) in sub-section (3), for the second proviso, the following proviso shall be
substituted, namely:—
“Provided further that a driving licence for driving an adapted vehicle may
be issued to the applicant, if the licensing authority is satisfied that he is fit to
drive such motor vehicle.”;
(iii) in sub-section (4), the words “such minimum educational qualification as
may be prescribed by the Central Government and” shall be omitted;
(iv) in sub-section (5), in the proviso, after the words “last such test”, the words
and figures “and such applicant shall be required to complete a remedial
driver training course from any school or establishment under section 12”
shall be inserted.
6. Amendment of section 10.—In section 10 of the principal Act, in sub-section
(2), in clause (c), for the words “invalid carriage”, the words “adapted vehicle” shall be
substituted.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
the area”, the words “any licensing authority in the State” shall be
substituted;
(ii) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the licensing authority may, before issuing the license verify
the identity of the applicant in such manner as may be prescribed by the
Central Government.”.
8. Amendment of section 12.—In section 12 of the principal Act, after sub-
section (4), the following sub-sections shall be inserted, namely:—
“(5) Notwithstanding anything contained in any other provision, where any
school or establishment has been accredited by a body notified by the Central
Government under any other law for the time being in force, any person who has
successfully completed a training module at such school or establishment covering
a particular type of motor vehicle shall be eligible to obtain a driving licence for
such type of motor vehicle.
(6) The curriculum of the training module referred to in sub-section (5) and the
remedial driver training course referred to in sub-section (5) of section 9 shall be
such as may be prescribed by the Central Government and that Government may
make rules for the regulation of such schools or establishments.”.
(2),—
(i) in clause (a),—
(A) for the words “three years”, the words “five years” shall be substituted;
(B) in the proviso, for the portion beginning with the words “one year” and
ending with the word “and” the words “three years and renewal thereof
shall be subject to such conditions as the Central Government may
prescribe; and”, shall be substituted;
(ii) for clause (b), the following clause shall be substituted, namely:—
“(b) in the case of any other licence, subject to such conditions as the
Central Government may prescribe, if the person obtaining the licence, either
originally or on renewal thereof,—
(i) has not attained the age of thirty years on the date of issue or, renewal
thereof, be effective until the date on which such person attains the age of
forty years; or
(ii) has attained the age of thirty years but has not attained the age of fifty years
on the date of issue or, renewal thereof, be effective for a period of ten years
from the date of such issue or renewal; or
(iii) has attained the age of fifty years but has not attained the age of fifty-five
years on the date of issue or, renewal thereof, be effective until the date on
which such person attains the age of sixty years; or
(iv) has attained the age of fifty-five years on the date of issue or as the case
may be, renewal thereof, be effective for a period of five years from the date
of such issue or renewal.”;
(iii) the proviso shall be omitted.
(i) in sub-section (1), in the first proviso, for the words “more than thirty days”,
the words “either one year prior to date of its expiry or within one year” shall
be substituted;
(ii) in sub-section (3), for the words “thirty days”, the words “one year” shall be
substituted; and
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(a) for the words “thirty days”, the words “one year” shall be substituted; and
(b) in the second proviso for the words “five years after the driving license has
ceased to be effective, the licensing authority may”, the words “one year
after the driving licence has ceased to be effective, the licensing authority
shall” shall be substituted.
(i) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Where a licence has been forwarded to the licensing authority under
sub-section (4) of section 206, the licensing authority, if satisfied after giving
the holder of the driving licence an opportunity of being heard, may either
discharge the holder of a driving licence or, it may for detailed reasons
recorded in writing, make an order disqualifying such person from holding or
obtaining any licence to drive all or any class or description of vehicles
specified in the licence—
(a) for a first offence, for a period of three months;
(b) for a second or subsequent offence, with revocation of the driving
licence of such person:
Provided that where a driving licence is revoked under this section,
the name of the holder of such driving licence may be placed in the
public domain in such manner as may be prescribed by the Central
Government.”;
(ii) in sub-section (2),—
(a) after the word, brackets and figure “sub-section (1)”, the words, brackets,
figure and letter “or sub-section (1A)” shall be inserted;
(b) for the proviso, the following proviso shall be substituted, namely:—
“Provided that the driving licence shall be returned to the holder at the
end of the period of disqualification only if he successfully completes the
driver refresher training course.”;
(iii) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(2A) The licence holder whose licence has been suspended shall undergo
the driver refresher training course from a school or establishment licenced
and regulated under section 12 or such other agency, as may be notified by
the Central Government.
(2B) The nature, syllabus and duration of the driver refresher training
course shall be such as may be prescribed by the Central Government.”;
(iv) in sub-section (3), after the word, brackets and figure “sub-section (1)”, the
words, brackets, figure and letter “or sub-section (1A)” shall be inserted.
12. Insertion of new section 25A.—After section 25 of the principal Act, the
“25A. National Register of Driving Licences.—(1) The Central Government shall
maintain a National Register of Driving Licences in such form and manner as may
be prescribed.
(2) All State Registers of Driving Licences shall be subsumed under the National
Register of Driving Licences by a date to be notified by the Central Government.
(3) No driving licence issued, or renewed, under this Act shall be valid unless it
has been issued a unique driving licence number under the National Register of
Driving Licences.
(4) All State Governments and licensing authorities under this Act shall transmit
all information including contained data in the State Register of Driving Licences in
such form and manner as may be prescribed by the Central Government.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(5) The State Governments shall be entitled to access the National Register and
update their records in such manner as may be prescribed by the Central
Government.”.
13. Substitution of new section for section 26.—For section 26 of the principal
Act, the following section shall be substituted, namely:—
“26. Maintenance of State Registers of Driving Licences.—Each State Government
shall maintain, in such form as may be prescribed by the Central Government, a
register to be known as the State Register of Driving Licences, in respect of driving
licences issued and renewed by the licensing authorities of the State Government,
containing particulars, including—
(a) names and addresses of holders of driving licences;
(b) licence numbers;
(c) dates of issue or renewal of licences;
(d) dates of expiry of licences;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.”.
(i) after clause (d), the following clauses shall be inserted, namely:—
“(da) the form and manner in which a licensing authority may issue a
learner's licence under sub-section (6) of section 8;
(db) the manner in which a licensing authority may verify the identity of
the applicant under the third proviso to sub-section (6) of section 8;”;
(ii) after clause (j), the following clauses shall be inserted, namely:—
“(ja) the curriculum of training modules and the regulation of schools and
establishments under sub-section (6) of section 12;
(jb) the conditions for the renewal of licence to drive transport vehicles
carrying goods of dangerous or hazardous nature and other motor vehicles
under clause (a) and clause (b) of sub-section (2) of section 14;
(jc) the manner in which a licensing authority may verify the identity of the
applicant under the third proviso to sub-section (2) of section 11;”;
(iii) after clause (n), the following clauses shall be inserted, namely:—
“(na) the manner of placing in the public domain of the name of the licence
holder as referred to in sub-section (1A) of section 19;
(nb) providing for the nature, syllabus and duration of the driver refresher
training course as referred to in sub-section (2B) of section 19;”;
(iv) after clause (o), the following clause shall be inserted, namely:—
“(oa) all or any of the matters referred to in section 25A;”;
(v) in clause (p), the words, brackets and figure “sub-section (1) of” shall be
omitted.
(2), clause (j) shall be omitted.
16. Amendment of section 40.—In section 40 of the principal Act, for the words
“a registering authority”, the words “any registering authority in the State” shall be
substituted.
(i) in sub-section (1), after the proviso, the following proviso shall be inserted,
namely:—
“Provided further that in the case of a new motor vehicle, the application for
registration in the State shall be made by the dealer of such motor vehicle, if
-----------------------------------------------------------------------------------------------------------------------------------------------------------
the new motor vehicle is being registered in the same State in which the
dealer is situated.”;
(a) for the words “to the owner of a motor vehicle registered by it a certificate
of registration”, the words “a certificate of registration in the name of the
owner” shall be substituted;
(iii) in sub-section (6), the following proviso shall be inserted, namely:—
“Provided that in case of a new motor vehicle, the application for the
registration of which is made under the second proviso to sub-section (1),
such motor vehicle shall not be delivered to the owner until such registration
mark is displayed on the motor vehicle in such form and manner as may
prescribed by the Central Government.”;
(iv) in sub-section (7),—
(a) the words “other than a transport vehicle” shall be omitted; and
(b) after the words “date of issue of such certificate”, the words “or for such
period as may be prescribed by the Central Government” shall be inserted;
(v) in sub-section (8), the words “other than a transport vehicle,” shall be
omitted;
(vi) in sub-section (10),—
(a) for the words “for a period of five years”, the words “for such period, as
may be prescribed by the Central Government” shall be substituted;
(b) the following proviso shall be inserted, namely:—
“Provided that the Central Government may prescribe different period of
renewal for different types of motor vehicles.”;
(vii) sub-sections (11), (12) and (13) shall be omitted.
“43. Temporary Registration.—Notwithstanding anything contained in section 40,
the owner of a motor vehicle may apply to any registering authority or other
authority as may be prescribed by the State Government to have the motor vehicle
temporarily registered and such authority shall issue a temporary certificate of
registration and temporary registration mark in accordance with such rules as may
be made by the Central Government:
Provided that the State Government may register a motor vehicle that plies,
temporarily, within the State and issue a certificate of registration and registration
mark for a period of one month in such manner as may be prescribed by the State
Government.”.
“44. Production of vehicle at the time of registration.—(1) Subject to such terms
and conditions as may be prescribed by the Central Government in this behalf, a
motor vehicle sold by an authorised dealer shall not require production before a
registering authority for the purposes of registration for the first time.
(2) Subject to such terms and conditions as may be prescribed by the State
Government, a person in whose name a certificate of registration has been issued shall
not be required to produce the vehicle registered or transferred before a registering
authority.”.
(i) in sub-section (1), for the words “registering authority, to that other
registering authority”, the words “State, to any registering authority in that
-----------------------------------------------------------------------------------------------------------------------------------------------------------
State” shall be substituted;

(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The intimation under sub-section (1) may be sent to the appropriate
registering authority in electronic form along with the electronic form of such
documents, including proof of authentication in such manner as may be
(iii) in sub-section (2), for the words “one hundred rupees”, the words “five
hundred rupees” shall be substituted.
(i) in sub-section (1), for the second proviso, the following proviso shall be
“Provided further that the Central Government may prescribe specifications,
conditions for approval, retrofitment and other related matters for the
alteration of motor vehicles and in such cases, the warranty granted by the
manufacturer shall not be considered as void for the purposes of such
alteration or retrofitment.”;
“(1A) A manufacturer of a motor vehicle shall on the direction issued by the
Central Government, alter or retrofit safety equipment, or any other
equipment in accordance with such standards and specifications as may be
specified by the Central Government.”;
(iii) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) Notwithstanding anything contained in sub-section (1), any person
may, with the subsequent approval of the registering authority, alter or cause
to be altered any vehicle owned by him to be converted into an adapted
vehicle:
Provided that such alteration complies with such conditions as may be
(iv) in sub-section (3), the words, brackets and figure “or by reason of
replacement of its engine without such approval under sub-section (2)” shall
be omitted.
section (5), the following sub-section shall be inserted, namely:—
“(5A) If any registering authority or other prescribed authority has reason to
believe that any motor vehicle within its jurisdiction has been used in the
commission of an offence punishable under section 199A, the authority may, after
giving the owner an opportunity of making a representation in writing, cancel the
certificate of registration of the vehicle for a period of one year:
Provided that the owner of the motor vehicle may apply for fresh registration in
accordance with the provisions of section 40 and section 41.”.
namely:—
“Provided further that no certificate of fitness shall be granted to a vehicle,
after such date as may be notified by the Central Government, unless such
vehicle has been tested at an automated testing station.”;
(ii) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) The “authorised testing station” referred to in sub-section (1) means
any facility, including automated testing facilities, authorised by the State
Government, where fitness testing may be conducted in accordance with the
-----------------------------------------------------------------------------------------------------------------------------------------------------------
rules made by the Central Government for recognition, regulation and control
of such stations.”;
(iii) in sub-section (4), for the proviso, the following provisos shall be
“Provided that no such cancellation shall be made by the prescribed
authority unless,—
(a) such prescribed authority holds such technical qualification as may be
prescribed by the Central Government and where the prescribed
authority does not hold the technical qualification, such cancellation is
made on the basis of the report of an officer having such qualification;
and
(b) the reasons recorded in writing cancelling a certificate of fitness are
confirmed by an authorised testing station chosen by the owner of the
vehicle whose certificate of fitness is sought to be cancelled:
Provided further that if the cancellation is confirmed by the authorised
testing station, the cost of undertaking the test shall be borne by the
owner of the vehicle being tested and in the alternative by the
prescribed authority.”;
(iv) after sub-section (5), the following sub-sections shall be inserted, namely:—
“(6) All transport vehicles with a valid certificate of fitness issued under
this section shall carry, on their bodies, in a clear and visible manner such
distinguishing mark as may be prescribed by the Central Government.
(7) Subject to such conditions as the Central Government may prescribe,
the provisions of this section may be extended to non-transport vehicles.”.
“(4) The Central Government may, having regard to the public safety,
convenience, protection of the environment and the objects of this Act, make rules
prescribing the manner of recycling of motor vehicles and parts thereof which have
exceeded their life.”.
25. Insertion of new sections 62A and 62B.—After section 62 in the principal
Act, the following sections shall be inserted, namely:—
“62A. Prohibition of registration and issuance of certificate of fitness to oversized
vehicles.—(1) No registering authority shall register any motor vehicle that
contravenes any rule made under clause (a) of sub-section (1) of section 110.
(2) No prescribed authority or authorised testing station shall issue a certificate
of fitness under section 56 to any motor vehicle that contravenes any rule made
under section 110.
62B. National Register of Motor Vehicles.—(1) The Central Government shall
maintain a National Register of Motor Vehicles in such form and manner as may be
prescribed by it:
Provided that all State Registers of Motor Vehicles shall be subsumed under
the National Register of Motor Vehicles by such date as may be notified in the
Official Gazette by the Central Government.
(2) No certificate of registration issued, or renewed, under this Act shall be valid
unless it has been issued a unique registration number under the National Register
of Motor Vehicles.
(3) In order to maintain the National Register of Motor Vehicles, all State
Governments and registering authorities under this Act shall transmit all
information and data in the State Register of Motor Vehicles to the Central
Government in such form and manner as may be prescribed by the Central
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Government.
(4) State Governments shall be able to access the National Register of Motor
Vehicles and update records in accordance with the provisions of this Act and the
rules made by the Central Government thereunder.”.
“63. Maintenance of State Registers of motor vehicles.—Each State Government
shall maintain in such form as may be prescribed by the Central Government a
register to be known as the State Register of Motor Vehicles, in respect of the motor
vehicles in that State, containing the particulars including—
(a) registration numbers;
(b) years of manufacture;
(c) classes and types;
(d) names and addresses of registered owners; and
(e) such other particulars as may be prescribed by the Central Government.”.
(i) after clause (d), the following clause shall be inserted, namely:—
“(da) providing for the period of validity of a certificate of registration under
sub-section (7) of section 41;”;
(ii) after clause (e), the following clause shall be inserted, namely:—
“(ea) the period of renewal of certificate of registration of different types of
motor vehicles under sub-section (10) of section 41;”;
(iii) after clause (f), the following clauses shall be inserted, namely:—
“(fa) the issue of temporary certificate of registration and temporary
registration mark under section 43;
(fb) the terms and conditions under which a motor vehicle sold by an authorised
dealer shall not require production before a registering authority under sub-
section (1) of section 44;”;
(iv) after clause (j), the following clause shall be inserted, namely:—
“(ja) the form and manner for the electronic submission of the intimation of
change of address, documents to be submitted along with such intimation
including proof of authentication under sub-section (1A) of section 49;”;
(v) after clause (l), the following clauses shall be inserted, namely:—
“(la) specifications, conditions for approval, retrofitment and other related
matters for the alteration of motor vehicles under sub-section (1) of section
52;
(lb) the conditions for the alteration of any motor vehicle into an adapted
vehicle under sub-section (2) of section 52;”;
(vi) after clause (n), the following clauses shall be inserted, namely:—
“(na) the distinguishing mark to be carried on the body of transport
vehicles under sub-section (6) of section 56;
(nb) the conditions under which the application of section 56 may be
extended to non-transport vehicles under sub-section (7) of section 56;
(nc) the recycling of motor vehicles and parts thereof which have exceeded
their life under sub-section (4) of section 59;”;
(vii) after clause (o), the following clauses shall be inserted, namely:—
“(oa) all or any of the matters under sub-section (1) of section 62B;
(ob) all or any of the matters under sub-section (1) and sub-section (2) of
section 63;”.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(2),—
(i) in clause (f), after the word “marks”, the words and figures “under the proviso
to section 43” shall be inserted;
(ii) clause (o) shall be omitted.
(i) in sub-section (1), after the third proviso, the following proviso shall be
inserted, namely:—
“Provided also that where a transport vehicle has been issued any permit or
permits, as well as a licence under this Act, such vehicle may be used either
under the permit, or permits, so issued to it, or under such licence, at the
discretion of the vehicle owner.”;
(ii) in sub-section (3), after clause (p), the following clause shall be inserted,
namely:—
“(q) to any transport vehicle having been issued a licence under a scheme,
under sub-section (3) of section 67 or sub-section (1) of section 88A, or
plying under such orders as may be issued by the Central Government or by
the State Government.”.
30. Insertion of new sections 66A and 66B.—After section 66 of the principal
Act, the following sections shall be inserted, namely:—
“66A. National Transportation Policy.—The Central Government may develop a
National Transportation Policy consistent with the objects of this Act in concurrence
with the State Governments and other agencies with a view to—
(i) establish a planning framework for passengers and goods transportation
within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of road
transport, identify areas for the development of transport improvement
infrastructure across India in consultation with the authorities and agencies
related to ports, railways and aviation as well as with local and State level
planning, land holding and regulatory authorities for the delivery of an
integrated multimodal transport system;
(iii) establish the framework of grant of permits and schemes;
(iv) establish strategic policy for transport by road and its role as a link to other
means of transport;
(v) identify strategic policies and specify priorities for the transport system that
address current and future challenges;
(vi) provide medium to long term strategic directions, priorities and actions;
(vii) promote competition, innovation, increase in capacity, seamless mobility
and greater efficiency in transport of goods or livestock or passengers, and
economical use of resources;
(viii) safeguard the interest of the public and promote equity, while seeking to
enhance private participation and public-private partnership in the transport
sector;
(ix) demonstrate an integrated approach to transport and land use planning;
(x) identify the challenges that the National Transportation Policy seeks to
address; and
(xi) address any other matter deemed relevant by the Central Government.
66B. No bar against permit holders to apply and hold licences under schemes.—
No person who holds the permit issued under this Act shall—
(a) be disqualified from applying for a licence under the scheme made under sub
-----------------------------------------------------------------------------------------------------------------------------------------------------------
-section (3) of section 67 or sub-section (1) of section 88A by reason of

holding such permit; and
(b) be required to get such permit cancelled on being issued a licence under any
scheme made under this Act.”.
(i) for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) A State Government, having regard to—
(a) the advantages offered to the public, trade and industry by the
development of motor transport;
(b) the desirability of co-ordinating road and rail transport;
(c) the desirability of preventing the deterioration of the road system, and
(d) promoting effective competition among the transport service providers,
may, from time to time, by notification in the Official Gazette issue directions
both to the State Transport Authority and Regional Transport Authority regarding
the passengers' convenience, economically competitive fares, prevention of
overcrowding and road safety.”;
(ii) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the State Government may subject to such conditions as it
may deem fit, and with a view to achieving the objectives specified in clause
(d) of sub-section (1), relax all or any of the provisions made under this
Chapter.”;
(iii) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(3) Notwithstanding anything contained in this Act, the State Government
may, by notification in the Official Gazette, modify any permit issued under
this Act or make schemes for the transportation of goods and passengers and
issue licences under such scheme for the promotion of development and
efficiency in transportation—
(a) last mile connectivity;
(b) rural transport;
(c) reducing traffic congestion;
(d) improving urban transport;
(e) safety of road users;
(f) better utilisation of transportation assets;
(g) the enhancement of economic vitality of the area, through
competitiveness, productivity and efficiency;
(h) the increase in the accessibility and mobility of people;
(i) the protection and enhancement of the environment;
(j) the promotion of energy conservation;
(k) improvement of the quality of life;
(l) enhance integration and connectivity of the transportation system,
across and between modes of transport; and
(m) such other matters as the Central Government may deem fit.
(4) The scheme framed under sub-section (3), shall specify the fees to be
charged, form of application and grant of a licence including the renewal,
suspension, cancellation or modification of such licence.”.
(2), the following proviso shall be inserted, namely:—
“Provided that the Regional Transport Authority may waive any such condition for
a stage carriage permit operating in a rural area, as it deems fit.”.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(i) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the Regional Transport Authority may in the interests of last
mile connectivity waive any such condition in respect of any such types of
vehicles as may be specified by the Central Government.”;
(ii) in sub-section (3), in the proviso to clause (b), after sub-clause (vi), the
following sub-clause shall be inserted, namely:—
“(vii) self-help groups.”.
“88A. Power of Central Government to make schemes for national, multimodal
and inter-State transport of passengers and goods.—(1) Notwithstanding anything
contained in this Act, the Central Government may, by notification in the Official
Gazette, modify any permit issued under this Act or make schemes for national,
multimodal and inter-State transportation of goods or passengers, and issue or
modify licences under, such scheme for the following purposes, namely:—
(a) last mile connectivity;
(b) rural transport;
(c) improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by enabling
competitiveness, productivity and efficiency;
(f) the increase in the accessibility and mobility of people;
(g) the protection and enhancement of the environment;
(h) the promotion of energy conservation;
(i) improvement of the quality of life;
(j) enhancement of the integration and connectivity of the transportation system,
across and between modes of transport; and
(k) such other matters as the Central Government may deem fit:
Provided that the Central Government may, before taking any action under
this sub-section seek concurrence of the State Governments.
(2) Notwithstanding anything contained in sub-section (1), two or more States
may make schemes for the operation within such States for the inter-State
transportation of goods or passengers:
Provided that in the event of any repugnancy between the schemes made by
the Central Government under sub-section (1) and schemes made by two or
more States under this sub-section, the schemes made under sub-section (1)
shall prevail.”.
35. Amendment of section 92.—In section 92 of the principal Act, for the words
“stage carriage or contract carriage, in respect of which a permit”, the words
“transport vehicle, in respect of which a permit or licence” shall be substituted.
(i) for the marginal heading, the following marginal heading shall be substituted,
namely:—
“Agent or canvasser or aggregator to obtain licence.”;
(a) after clause (ii), the following clause shall be inserted, namely:—
“(iii) as an aggregator,”;
(b) the following provisos shall be inserted, namely:—
-----------------------------------------------------------------------------------------------------------------------------------------------------------
“Provided that while issuing the licence to an aggregator the State

Government may follow such guidelines as may be issued by the Central
Government:
Provided further that every aggregator shall comply with the provisions
of the Information Technology Act, 2000 (21 of 2000) and the rules and
regulations made thereunder.”.
37. Amendment of section 94.—In section 94 of the principal Act, after the word
“permit” occurring at both the places the words “or licence issued under any scheme”
shall be inserted.
(2), after clause (xxxii), the following clauses shall be inserted, namely:—
“(xxxiia) framing of schemes under sub-section (3) of section 67;
(xxxiib) the promotion of effective competition, passenger convenience and
safety, competitive fares and prevention of overcrowding;”.
(i) in sub-section (1), in clause (k), after the words “standards of the
components”, the words “, including software,” shall be inserted;
(ii) in sub-section (2), after the words “in particular circumstances”, the words
“and such rules may lay down the procedure for investigation, the officers
empowered to conduct such investigations, the procedure for hearing of such
matters and the penalties to be levied thereunder” shall be inserted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) Persons empowered under sub-section (2) to conduct investigations
referred to in sub-section (2) shall have all the powers of a civil court, while
trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of
the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.”.
40. Insertion of new sections 110A and 110B.—After section 110 of the
principal Act, the following sections shall be inserted, namely:—
“110A. Recall of motor vehicles.—(1) The Central Government may, by order,
direct a manufacturer to recall motor vehicles of a particular type or its variants, if—
(a) a defect in that particular type of motor vehicle may cause harm to the
environment or to the driver or occupants of such motor vehicle or other road
users; and
(b) a defect in that particular type of motor vehicle has been reported to the
Central Government by—
(i) such percentage of owners, as the Central Government, may by notification
in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle
component, the Central Government may, by order, direct a manufacturer to recall
all motor vehicles which contain such component, regardless of the type or variants
of such motor vehicle.
(3) A manufacturer whose vehicles are recalled under sub-section (1) or sub-
section (2), shall—
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire
-purchase or lease-hypothecation agreement; or
(b) replace the defective motor vehicle with another motor vehicle of similar or
better specifications which complies with the standards specified under this
Act or repair it; and
(c) pay such fines and other dues in accordance with sub-section (6).
(4) Where a manufacturer notices a defect in a motor vehicle manufactured by
him, he shall inform the Central Government of the defect and initiate recall
proceedings and in such case the manufacturer shall not be liable to pay fine under
sub-section (3).
(5) The Central Government may authorise any officer to conduct investigation
under this section who shall have all the powers of a civil court, while trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following
matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.
(6) The Central Government may make rules for regulating the recall of motor
vehicles, of a particular type or its variants, for any defect which in the opinion of
the Central Government, may cause harm to the environment or to the driver or
occupants of such motor vehicle or to other road users.
110B. Typeapproval certificate and testing agencies.—(1) No motor vehicle,
including a trailer or semi-trailer or modular hydraulic trailer or side car shall be
sold or delivered or offered for sale or delivery or used in a public place in India
unless a type-approval certificate referred to in sub-section (2) has been issued in
respect of such vehicle:
Provided that the Central Government may, by notification in the Official
Gazette, extend the requirement of type-approval certificate to other vehicles
drawn or intended to be drawn by a motor vehicle:
Provided further that such certificate shall not be required for vehicles which
are—
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components or
a research and development centre or a test by agency for testing and
validation or for data collection, inside factory premises or in a non-public
place; or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including trailers, semi-
trailers, modular hydraulic trailers and side cars shall submit the prototype of the
vehicle to be manufactured or imported for test to a testing agency for obtaining a
type-approval certificate by such agency.
(3) The Central Government shall make rules for the accreditation, registration
and regulation of testing agencies.
(4) The testing agencies shall conduct tests on vehicles drawn from the
production line of the manufacturer or obtained otherwise to verify the conformity of
such vehicles to the provisions of this Chapter and the rules and regulations made
thereunder.
(5) Where the motor vehicle having a type-approval certificate is recalled under
section 110A, the testing agency which granted the certificate to such motor vehicle
-----------------------------------------------------------------------------------------------------------------------------------------------------------
shall be liable for its accreditation and registration to be cancelled.”.

41. Amendment of section 114.—In section 114 of the principal Act, in sub-
section (1), for the words “authorised in this behalf by the State Government”, the
words “or any other person authorised in this behalf by the State Government” shall
be substituted.
(i) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Notwithstanding anything contained in sub-section (1), the National
Highways Authority of India constituted under the National Highways
Authority of India Act, 1988 (68 of 1988) or any other agency authorised by
the Central Government, may cause or permit traffic signs, as provided in the
First Schedule, to be placed or erected or removed on national highways for
the purpose of regulating motor vehicle traffic and may order the removal of
any sign or advertisement which in its opinion is so placed as to obscure any
traffic sign from view or is so similar in appearance to a traffic sign as to
mislead or is likely to distract the attention or concentration of the driver:
Provided that for the purposes of this sub-section, the National Highway
Authority of India or any other agency authorised by the Central Government
may seek assistance from the authorities of the State Government and the
said State Government shall provide such assistance.”;
(ii) in sub-section (3), after the words, brackets and figure “provided by sub-
section (1)”, the words, brackets, figure and letter “or sub-section (1A)” shall
be inserted.
43. Amendment of section 117.—In section 117 of the principal Act, the
following provisos shall be inserted, namely:—
“Provided that the State Government or the authorised authority shall, give
primacy to the safety of road users and the free flow of traffic in determining such
places:
Provided further that for the purpose of this section the National Highways
Authority of India, constituted under the National Highways Authority of India Act,
1988 (68 of 1988) or any other agency authorised by the Central Government, may
also determine such places.”.
44. Substitution of new section for section 129.—For section 129 of the
principal Act, the following section shall be substituted, namely:—
‘129. Wearing of protective headgear.—Every person, above four years of age,
driving or riding or being carried on a motorcycle of any class or description shall,
while in a public place, wear protective headgear conforming to such standards as
may be prescribed by the Central Government:
Provided that the provisions of this section shall not apply to a person who is a
Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a
turban:
Provided further that the Central Government may by rules provide for measures
for the safety of children below four years of age riding or being carried on a
motorcycle.
Explanation.— “Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be
expected to afford to the person driving or riding on a motorcycle a degree of
protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other
fastenings provided on the headgear.’.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

“134A. Protection of Good Samaritans.—(1) A Good Samaritan shall not be liable
for any civil or criminal action for any injury to or death of the victim of an accident
involving a motor vehicle, where such injury or death resulted from the Good
Samaritan's negligence in acting or failing to act while rendering emergency
medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan, disclosure of personal
information of the Good Samaritan and such other related matters.
Explanation.—For the purposes of this section, “Good Samaritan” means a
person, who in good faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at the
scene of an accident to the victim or transports such victim to the hospital.”.
(i) in sub-section (1),—
(a) in clause (c), the word “and” shall be omitted;
(b) in clause (d), for the word “highways”, the words “highways; and” shall be
substituted; and
(ii) after clause (d), the following clause shall be inserted, namely:—
“(e) any other amenities in the interests of the safety and the convenience
of the public.”;
“(3) The Central Government may, by notification in the Official Gazette,
make one or more schemes to conduct in-depth studies on the causes and
analysis of road accidents.”.
‘136A. Electronic monitoring and enforcement of road safety.—(1) The State
Government shall ensure electronic monitoring and enforcement of road safety in
the manner provided under sub-section (2) on national highways, state highways,
roads or in any urban city within a State which has a population up to such limits as
may be prescribed by the Central Government.
(2) The Central Government shall make rules for the electronic monitoring and
enforcement of road safety including speed cameras, closed-circuit television
cameras, speed guns, body wearable cameras and such other technology.
Explanation.—For the purpose of this section the expression “body wearable
camera” means a mobile audio and video capture device worn on the body or
uniform of a person authorised by the State Government.’.
(i) after clause (a), the following clause shall be inserted, namely:—
“(aa) providing for the standards of protective headgear and measures for
the safety of children below the age of four years riding under section 129;”;
(ii) after clause (b), the following clauses shall be inserted, namely:—
“(c) providing for limits of urban city by the State Governments under sub-
section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under sub-section (2) of
section 136A.”.
“(1A) The State Government may, in the interest of road safety, make rules for
-----------------------------------------------------------------------------------------------------------------------------------------------------------
the purposes of regulating the activities and access of non-mechanically propelled

vehicles and pedestrians to public places and national highways:
Provided that in the case of national highways, such rules shall be framed in
consultation with the National Highways Authority of India.”.
50. Omission of Chapter X.—Chapter X in the principal Act shall be omitted.
51. Substitution of new Chapter XI for Chapter XI.—For Chapter XI of the
principal Act, the following Chapter shall be substituted, namely:—
‘CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. Definitions.—In this Chapter,—
(a) “authorised insurer” means an insurer for the time being carrying on general
insurance business in India and granted a certificate of registration by the
Insurance Regulatory and Development Authority of India established under
section 3 of the Insurance Regulatory and Development Authority Act, 1999
(41 of 1999) and any Government insurance fund authorised to do general
insurance business under the General Insurance Business (Nationalisation)
Act, 1972 (57 of 1972);
(b) “certificate of insurance” means a certificate issued by an authorised insurer
in pursuance of section 147 and includes a cover note complying with such
requirements as may be prescribed, and where more than one certificate has
been issued in connection with a policy, or where a copy of a certificate has
been issued, all those certificates or that copy, as the case may be;
(c) “grievous hurt” shall have the same meaning as assigned to it in section 320
of the Indian Penal Code (45 of 1860);
(d) “hit and run motor accident” means an accident arising out of the use of a
motor vehicle or motor vehicles the identity whereof cannot be ascertained in
spite of reasonable efforts for the purpose;
(e) “Insurance Regulatory and Development Authority” means the Insurance
Regulatory and Development Authority established under section 3 of the
Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
(f) “policy of insurance” includes certificate of insurance;
(g) “property” includes roads, bridges, culverts, causeways, trees, posts,
milestones and baggage of passengers and goods carried in any motor
vehicle;
(h) “reciprocating country” means any such country as may on the basis of
reciprocity be notified by the Central Government in the Official Gazette to be
a reciprocating country for the purposes of this Act;
(i) “third party” includes the Government, the driver and any other co-worker on
a transport vehicle.
146. Necessity for insurance against third party risks.—(1) No person shall use,
except as a passenger, or cause or allow any other person to use, a motor vehicle in
a public place, unless there is in force, in relation to the use of the vehicle by that
person or that other person, as the case may be, a policy of insurance complying
with the requirements of this Chapter:
Provided that in the case of a vehicle carrying, or meant to carry, dangerous or
hazardous goods, there shall also be a policy of insurance under the Public Liability
Insurance Act, 1991 (6 of 1991).
Explanation.—For the purposes of this sub-section, a person driving a motor
vehicle merely as a paid employee, while there is in relation to the use of the
vehicle no such policy in force as is required by this sub-section, shall not be
deemed to act in contravention of the sub-section unless he knows or has reason to
-----------------------------------------------------------------------------------------------------------------------------------------------------------
believe that there is no such policy in force.

(2) The provisions of sub-section (1) shall not apply to any vehicle owned by the
Central Government or a State Government and used for purposes not connected
with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the operation of
sub-section (1), any vehicle owned by any of the following authorities, namely:—
(a) the Central Government or a State Government, if the vehicle is used for
purposes connected with any commercial enterprise;
(b) any local authority;
(c) any State Transport Undertaking:
Provided that no such order shall be made in relation to any such authority
unless a fund has been established and is maintained by that authority in
such manner as may be prescribed by appropriate Government.
Explanation.—For the purposes of this sub-section, “appropriate
Government” means the Central Government or a State Government, as the
case may be, and—
(i) in relation to any corporation or company owned by the Central
Government or any State Government, means the Central Government
or that State Government;
(ii) in relation to any corporation or company owned by the Central
Government and one or more State Governments, means the Central
Government;
(iii) in relation to any other State Transport Undertaking or any local
authority, means that Government which has control over that
undertaking or authority.
147. Requirement of policies and limits of liability.—(1) In order to comply with
the requirements of this Chapter, a policy of insurance must be a policy which—
(a) is issued by a person who is an authorised insurer; and
(b) insures the person or classes of persons specified in the policy to the extent
specified in sub-section (2)—
(i) against any liability which may be incurred by him in respect of the death
of or bodily injury to any person including owner of the goods or his
authorised representative carried in the motor vehicle or damage to any
property of a third party caused by or arising out of the use of the motor
vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a transport
vehicle, except gratuitous passengers of a goods vehicle, caused by or
arising out of the use of the motor vehicle in a public place.
Explanation.—For the removal of doubts, it is hereby clarified that the
death of or bodily injury to any person or damage to any property of a third
party shall be deemed to have been caused by or to have arisen out of, the
use of a vehicle in a public place, notwithstanding that the person who is dead
or injured or the property which is damaged was not in a public place at the
time of the accident, if the act or omission which led to the accident occurred
in a public place.
(2) Notwithstanding anything contained under any other law for the time being
in force, for the purposes of third party insurance related to either death of a person
or grievous hurt to a person, the Central Government shall prescribe a base
premium and the liability of an insurer in relation to such premium for an insurance
policy under sub-section (1) in consultation with the Insurance Regulatory and
Development Authority.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(3) A policy shall be of no effect for the purposes of this Chapter unless and until
there is issued by the insurer in favour of the person by whom the policy is effected,
a certificate of insurance in the prescribed form and containing the prescribed
particulars of any condition subject to which the policy is issued and of any other
prescribed matters; and different forms, particulars and matters may be prescribed
in different cases.
(4) Notwithstanding anything contained in this Act, a policy of Insurance issued
before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be
continued on the existing terms under the contract and the provisions of this Act
shall apply as if this Act had not been amended by the said Act.
(5) Where a cover note issued by the insurer under the provisions of this Chapter
or the rules or regulations made thereunder is not followed by a policy of insurance
within the specified time, the insurer shall, within seven days of the expiry of the
period of the validity of the cover note, notify the fact to the registering authority or
to such other authority as the State Government may prescribe.
(6) Notwithstanding anything contained in any other law for the time being in
force, an insurer issuing a policy of insurance under this section shall be liable to
indemnify the person or classes of persons specified in the policy in respect of any
liability which the policy purports to cover in the case of that person or those
classes of persons.
148. Validity of policies of insurance issued in reciprocating countries.—Where, in
pursuance of an arrangement between India and any reciprocating country, the
motor vehicle registered in the reciprocating country operates on any route or
within any area common to the two countries and there is in force in relation to the
use of the vehicle in the reciprocating country, a policy of insurance complying with
the requirements of the law of insurance for the time being in force in that country,
then, notwithstanding anything contained in section 147 but subject to any rules
which may be made under section 164B such policy of insurance shall be effective
throughout the route or area in respect of which the arrangement has been made,
as if the policy of insurance had complied with the requirements of this Chapter.
149. Settlement by insurance company and procedure therefor.—(1) The
insurance company shall, upon receiving information of the accident, either from
claimant or through accident information report or otherwise, designate an officer to
settle the claims relating to such accident.
(2) An officer designated by the insurance company for processing the
settlement of claim of compensation may make an offer to the claimant for
settlement before the Claims Tribunal giving such details, within thirty days and
after following such procedure as may be prescribed by the Central Government.
(3) If, the claimant to whom the offer is made under sub-section (2),—
(a) accepts such offer,—
(i) the Claims Tribunal shall make a record of such settlement, and such claim
shall be deemed to be settled by consent; and
(ii) the payment shall be made by the insurance company within a maximum
period of thirty days from the date of receipt of such record of settlement;
(b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to
adjudicate such claim on merits.
150. Duty of insurers to satisfy judgments and awards against persons insured in
respect of third party risks.—(1) If, after a certificate of insurance has been issued
under sub-section (3) of section 147 in favour of the person by whom a policy has
been effected, judgment or award in respect of any such liability as is required to
be covered by a policy under clause (b) of sub-section (1) of section 147 (being a
-----------------------------------------------------------------------------------------------------------------------------------------------------------
liability covered by the terms of the policy) or under the provisions of section 164 is
obtained against any person insured by the policy, then, notwithstanding that the
insurer may be entitled to avoid or cancel or may have avoided or cancelled the
policy, the insurer shall, subject to the provisions of this section, pay to the person
entitled to the benefit of the award any sum not exceeding the sum assured
payable thereunder, as if that person were the decree holder, in respect of the
liability, together with any amount payable in respect of costs and any sum payable
in respect of interest on that sum by virtue of any enactment relating to interest on
judgments.
(2) No sum shall be payable by an insurer under sub-section (1) in respect of
any judgment or award unless, before the commencement of the proceedings in
which the judgment or award is given the insurer had notice through the court or,
as the case may be, the Claims Tribunal of the bringing of the proceedings, or in
respect of such judgment or award so long as its execution is stayed pending an
appeal; and an insurer to whom notice of the bringing of any such proceedings is so
given shall be entitled to be made a party thereto, and to defend the action on any
of the following grounds, namely:—
(a) that there has been a breach of a specified condition of the policy, being one
of the following conditions, namely:—
(i) a condition excluding the use of the vehicle—
(A) for hire or reward, where the vehicle is on the date of the contract of
insurance a vehicle not covered by a permit to ply for hire or reward; or
(B) for organised racing and speed testing; or
(C) for a purpose not allowed by the permit under which the vehicle is
used, where the vehicle is a transport vehicle; or
(D) without side-car being attached where the vehicle is a two-wheeled
vehicle; or
(ii) a condition excluding driving by a named person or by any person who is
not duly licenced or by any person who has been disqualified for holding or
obtaining a driving licence during the period of disqualification or driving
under the influence of alcohol or drugs as laid down in section 185; or
(iii) a condition excluding liability for injury caused or contributed to by
conditions of war, civil war, riot or civil commotion; or
(b) that the policy is void on the ground that it was obtained by nondisclosure of
any material fact or by representation of any fact which was false in some
material particular; or
(c) that there is non-receipt of premium as required under section 64VB of the
Insurance Act, 1938 (4 of 1938).
(3) Where any such judgment or award as is referred to in sub-section (1) is
obtained from a court in a reciprocating country and in the case of a foreign
judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure,
1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer
(being an insurer registered under the Insurance Act, 1938 (4 of 1938) and
whether or not that person is registered under the corresponding law of the
reciprocating country) shall be liable to the person entitled to the benefit of the
decree in the manner and to the extent specified in sub-section (1), as if the
judgment or award were given by a court in India:
Provided that no sum shall be payable by the insurer in respect of any such
judgment or award unless, before the commencement of the proceedings in which
the judgment or award is given, the insurer had notice through the court concerned
of the bringing of the proceedings and the insurer to whom notice is so given is
-----------------------------------------------------------------------------------------------------------------------------------------------------------
entitled under the corresponding law of the reciprocating country, to be made a

party to the proceedings and to defend the action on grounds similar to those
specified in sub-section (2).
(4) Where a certificate of insurance has been issued under sub-section (3) of
section 147 to the person by whom a policy has been effected, so much of the
policy as purports to restrict the insurance of the persons insured thereby, by
reference to any condition other than those in sub-section (2) shall, as respects
such liabilities as are required to be covered by a policy under clause (b) of sub-
section (1) of section 147, be of no effect.
(5) No insurer to whom the notice referred to in sub-section (2) or sub-section
(3) has been given shall be entitled to avoid his liability to any person entitled to
the benefit of any such judgment or award as is referred to in sub-section (1) or in
such judgment as is referred to in sub-section (3) otherwise than in the manner
provided for in sub-section (2) or in the corresponding law of the reciprocating
country, as the case may be.
(6) If on the date of filing of any claim, the claimant is not aware of the
insurance company with which the vehicle had been insured, it shall be the duty of
the owner of the vehicle to furnish to the tribunal or court the information as to
whether the vehicle had been insured on the date of the accident, and if so, the
name of the insurance company with which it is insured.
Explanation.—For the purposes of this section,—
(a) “award” means an award made by the Claims Tribunal under section 168;
(b) “Claims Tribunal” means a Claims Tribunal constituted under section 165;
(c) “liability covered by the terms of the policy” means the liability which is
covered by the policy or which would be so covered but for the fact that the
insurer is entitled to avoid or cancel or has avoided or cancelled the policy;
and
(d) “material fact” and “material particular” mean, respectively, a fact or
particular of such a nature as to influence the judgment of a prudent insurer
in determining whether he shall take the risk and, if so, at what premium and
on what conditions.
151. Rights of third party against insurers on insolvency of insured.—(1) Where
under any contract of insurance affected in accordance with the provisions of this
Chapter, a person is insured against liabilities which he may incur to third party,
then—
(a) in the event of the person becoming insolvent or making a composition or
arrangement with his creditors; or
(b) where the insured person is a company, in the event of a winding-up order
being made or a resolution for a voluntary winding-up being passed with
respect to the company or of a receiver or manager of the company's business
or undertaking being duly appointed, or of possession being taken by or on
behalf of the holders of any debentures secured by a floating charge of any
property comprised in or subject to the charge, if, either before or after that
event, any such liability is incurred by the insured person his rights against
the insurer under the contract in respect of the liability shall, notwithstanding
anything to the contrary in any provision of law, be transferred to and vest in
the third party to whom the liability was so incurred.
(2) Where an order for the administration of the estate of a deceased debtor is
made according to the law of insolvency, then, if any debt provable in insolvency is
owing by the deceased in respect of a liability to a third party against which he was
insured under a contract of insurance in accordance with the provisions of this
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter, the deceased debtor's rights against the insurer in respect of that liability
shall, notwithstanding anything to the contrary in any provision of law, be
transferred to and vest in the person to whom the debt is owing.
(3) Any condition in a policy issued for the purposes of this Chapter purporting,
either directly or indirectly, to avoid the policy or to alter the rights of the parties
thereunder upon the happening to the insured person of any of the events specified
in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the
administration of the estate of a deceased debtor according to the law of insolvency,
shall be of no effect.
(4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be
under the same liability to the third party as he would have been to the insured
person, but—
(a) if the liability of the insurer to the insured person exceeds the liability of the
insured person to the third party, nothing in this Chapter shall affect the
rights of the insured person against the insurer in respect of the excess
amount; and
(b) if the liability of the insurer to the insured person is less than the liability of
the insured person to the third party, nothing in this Chapter shall affect the
rights of the third party against the insured person in respect of the balance
amount.
152. Duty to give information as to insurance.—(1) No person against whom a
claim is made in respect of any liability referred to in clause (b) of sub-section (1)
of section 147 shall, on demand by or on behalf of the person making the claim,
refuse to state whether or not he was insured in respect of that liability by any
policy issued under the provisions of this Chapter, or would have been so insured if
the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or
would have been so insured, to give such particulars with respect to that policy as
were specified in the certificate of insurance issued in respect thereof.
(2) In the event of any person becoming insolvent or making an arrangement
with his creditors or in the event of an order being made for the administration of
the estate of a deceased person according to the law of insolvency, or in the event
of a winding-up order being made or a resolution for a voluntary winding-up being
passed with respect to any company or of a receiver or manager of the company's
business or undertaking being duly appointed or of possession being taken by or on
behalf of the holders of any debentures secured by a floating charge on any
property comprised in or subject to the charge, it shall be the duty of the insolvent
debtor, personal representative of the deceased debtor or company, as the case
may be, or the official assignee or receiver in insolvency, trustee, liquidator,
receiver or manager, or person in possession of the property to give, on the request
of any person claiming that the insolvent debtor, deceased debtor or company is
under such liability to him as is covered by the provision of this Chapter, such
information as may reasonably be required by him for the purpose of ascertaining
whether any rights have been transferred to and vested in him by section 151 and
for the purpose of enforcing such rights, if any, and any such contract of insurance
as purports whether directly or indirectly to avoid the contract or to alter the rights
of the parties thereunder upon the giving of such information in the events
aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events,
shall be of no effect.
(3) If, from the information given to any person in pursuance of sub-section (2)
or otherwise, he has reasonable ground for supporting that there have or may have
been transferred to him under this Chapter rights against any particular insurer,
that insurer shall be subject to the same duty as is imposed by the said sub-section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
on the persons therein mentioned.

(4) The duty to give the information imposed by this section shall include a duty
to allow all contracts of insurance, receipts for premiums, and other relevant
documents in the possession or power of the person on whom the duty is so
imposed to be inspected and copies thereof to be taken.
153. Settlement between insurers and insured persons.—(1) No settlement
made by an insurer in respect of any claim which might be made by a third party in
respect of any liability of the nature referred to in clause (b) of sub-section (1) of
section 147 shall be valid unless such third party is a party to the settlement.
(2) The Claims Tribunal shall ensure that the settlement is bona fide and was not
made under undue influence and the compensation is made in accordance with the
payment schedule referred to in sub-section (1) of section 164.
(3) Where a person who is insured under a policy issued for the purpose of this
Chapter has become insolvent, or where, if such insured person is a company, a
winding-up order has been made or a resolution for a voluntary winding-up has
been passed with respect to the company, no agreement made between the insurer
and the insured person after the liability has been incurred to a third party and after
the commencement of the insolvency or winding-up, as the case may be, nor any
waiver, assignment or other disposition made by or payment made to the insured
person after the commencement aforesaid, shall be effective to defeat the rights
transferred to the third party under this Chapter; but those rights shall be the same
as if no such agreement, waiver, assignment or disposition or payment has been
made.
154. Saving in respect of sections 151, 152 and 153.—(1) For the purposes of
sections 151, 152 and 153, a reference to “liabilities to third parties” in relation to a
person insured under any policy of insurance shall not include a reference to any
liability of that person in the capacity of insurer under some other policy of
insurance.
(2) The provisions of sections 151, 152 and 153 shall not apply where a company
is wound-up voluntarily merely for the purposes of reconstruction or of an
amalgamation with another company.
155. Effect of death on certain causes of action.—Notwithstanding anything
contained in section 306 of the Indian Succession Act, 1925 (39 of 1925), the
death of a person in whose favour a certificate of insurance had been issued, if it
occurs after the happening of an event which has given rise to a claim under the
provisions of this Chapter, shall not be a bar to the survival of any cause of action
arising out of such event against his estate or against the insurer.
156. Effect of certificate of insurance.—When an insurer has issued a certificate
of insurance in respect of a contract of insurance between the insurer and the
insured person, then—
(a) if and so long as the policy described in the certificate has not been issued by
the insurer to the insured, the insurer shall, as between himself and any other
person except the insured, be deemed to have issued to the insured person a
policy of insurance conforming in all respects with the description and
particulars stated in such certificate; and
(b) if the insurer has issued to the insured the policy described in the certificate,
but the actual terms of the policy are less favourable to persons claiming
under or by virtue of the policy against the insurer either directly or through
the insured than the particulars of the policy as stated in the certificate, the
policy shall, as between the insurer and any other person except the insured,
be deemed to be in terms conforming in all respects with the particulars
stated in the said certificate.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
157. Transfer of certificate of insurance.—(1) Where a person, in whose favour

the certificate of insurance has been issued in accordance with the provisions of this
Chapter, transfers to another person the ownership of the motor vehicle in respect
of which such insurance was taken together with the policy of insurance relating
thereto, the certificate of insurance and the policy described in the certificate shall
be deemed to have been transferred in favour of the person to whom the motor
vehicle is transferred with effect from the date of its transfer.
Explanation.—For the removal of doubts, it is hereby clarified that such deemed
transfer shall include transfer of rights and liabilities of the said certificate of
insurance and policy of insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in
the prescribed form to the insurer for making necessary changes in regard to the
fact of transfer in the certificate of insurance and the policy described in the
certificate in his favour, and the insurer shall make the necessary changes in the
certificate and the policy of insurance in regard to the transfer of insurance.
158. Production of certain certificates, licence and permit in certain cases.—(1)
Any person driving a motor vehicle in any public place shall, on being so required
by a police officer in uniform authorised in this behalf by the State Government,
produce—
(a) the certificate of insurance;
(b) the certificate of registration;
(c) the pollution under control certificate;
(d) the driving licence;
(e) in the case of a transport vehicle, also the certificate of fitness referred to in
section 56, and the permit; and
(f) any certificate or authorisation of exemption that has been granted under this
Act, relating to the use of the vehicle.
(2) Where, owing to the presence of a motor vehicle in a public place, an
accident occurs involving death or bodily injury to another person, if the driver of
the vehicle does not at that time produce the required certificate, driving licence
and permit referred to in sub-section (1) to a police officer, he or the owner shall
produce the said certificates, licence and permit at the police station at which the
driver makes the report required by section 134.
(3) No person shall be liable to conviction for offences under sub-section (1) or
sub-section (2) by reason of the failure to produce the required certificate if, within
seven days from the date on which its production was required under sub-section
(1), or as the case may be, from the date of occurrence of the accident, he produces
the certificate at such police station as may have been specified by him to the
police officer who required its production or, as the case may be, to the police
officer at the site of the accident or to the officer-in-charge of the police station at
which he reported the accident:
Provided that except to such extent and with such modifications as may be
prescribed, the provisions of this sub-section shall not apply to the driver of a
transport vehicle.
(4) The owner of a motor vehicle shall give such information as he may be
required by or on behalf of a police officer empowered in this behalf by the State
Government for the purpose of determining whether the vehicle was or was not
being driven in contravention of section 146 and on any occasion when the driver
was required under this section to produce the certificate of insurance.
(5) In this section, the expression “produce the certificate of insurance” means
production for examination the relevant certificate of insurance or such other
-----------------------------------------------------------------------------------------------------------------------------------------------------------
evidence as may be prescribed to prove that the vehicle was not being driven in
contravention of section 146.
159. Information to be given regarding accident.—The police officer shall, during
the investigation, prepare an accident information report to facilitate the settlement
of claim in such form and manner, within three months and containing such
particulars and submit the same to the Claims Tribunal and such other agency as
may be prescribed.
160. Duty to furnish particulars of vehicle involved in accident.—A registering
authority or the officer-in-charge of a police station shall, if so required by a person
who alleges that he is entitled to claim compensation in respect of an accident
arising out of the use of a motor vehicle, or if so required by an insurer against
whom a claim has been made in respect of any motor vehicle, furnish to that person
or to that insurer, as the case may be, on payment of the prescribed fee, any
information at the disposal of the said authority or the said police officer relating to
the identification marks and other particulars of the vehicle and the name and
address of the person who was using the vehicle at the time of the accident or was
injured by it and the property, if any, damaged in such form and within such time
as the Central Government may prescribe.
161. Special provisions as to compensation in case of hit and run motor accident.
—(1) Notwithstanding anything contained in any other law for the time being in
force or any instrument having the force of law, the Central Government shall
provide for paying in accordance with the provisions of this Act and the scheme
made under sub-section (3), compensation in respect of the death of, or grievous
hurt to, persons resulting from hit and run motor accidents.
(2) Subject to the provisions of this Act and the scheme made under sub-section
(3), there shall be paid as compensation,—
(a) in respect of the death of any person resulting from a hit and run motor
accident, a fixed sum of two lakh rupees or such higher amount as may be
prescribed by the Central Government;
(b) in respect of grievous hurt to any person resulting from a hit and run motor
accident, a fixed sum of fifty thousand rupees or such higher amount as may
be prescribed by the Central Government.
(3) The Central Government may, by notification in the Official Gazette, make a
scheme specifying the manner in which the scheme shall be administered by the
Central Government or General Insurance Council, the form, manner and the time
within which applications for compensation may be made, the officers or authorities
to whom such applications may be made, the procedure to be followed by such
officers or authorities for considering and passing orders on such applications, and
all other matters connected with, or incidental to, the administration of the scheme
and the payment of compensation under this section.
(4) A scheme made under sub-section (3) may provide that,—
(a) a payment of such sum as may be prescribed by the Central Government as
interim relief to any claimant under such scheme;
(b) a contravention of any provision thereof shall be punishable with
imprisonment which may extend to two years, or with fine which shall not be
less than twenty-five thousand rupees but may extend to five lakh rupees or
with both;
(c) the powers, functions or duties conferred or imposed on any officer or
authority by such scheme may be delegated with the prior approval in writing
of Central Government, by such officer or authority to any other officer or
authority.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
162. Scheme for golden hour.—(1) Notwithstanding anything contained in the

General Insurance Companies (Nationalisation) Act, 1972 (57 of 1972) or any other
law for the time being in force or any instrument having the force of law, the
insurance companies for the time being carrying on general insurance business in
India shall provide in accordance with the provisions of this Act and the schemes
made under this Act for treatment of road accident victims, including during the
golden hour.
(2) The Central Government shall make a scheme for the cashless treatment of
victims of the accident during the golden hour and such scheme may contain
provisions for creation of a fund for such treatment.
163. Refund in certain cases of compensation paid under section 161.—(1) The
payment of compensation in respect of the death of, or grievous hurt to, any person
under section 161 shall be subject to the condition that if any compensation
(hereafter in this sub-section referred to as the other compensation) or other
amount in lieu of or by way of satisfaction of a claim for compensation is awarded or
paid in respect of such death or grievous hurt under any other provision of this Act
or any other law for the time being in force or otherwise, so much of the other
compensation or other amount aforesaid as is equal to the compensation paid under
section 161, shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident involving the death
of, or bodily injury to, any person arising out of the use of a motor vehicle under
any provision of this Act other than section 161 or any other law for the time being
in force, the Claims Tribunal, court or other authority awarding such compensation
shall verify as to whether in respect of such death or bodily injury compensation has
already been paid under section 161 or an application for payment of compensation
is pending under that section, and such Tribunal, court or other authority shall—
(a) if compensation has already been paid under section 161, direct the person
liable to pay the compensation awarded by it to refund to the insurer, so much
thereof as is required to be refunded in accordance with the provisions of sub-
section (1);
(b) if an application for payment of compensation is pending under section 161
forward the particulars as to the compensation awarded by it to the insurer.
Explanation.—For the purpose of this sub-section, an application for
compensation under section 161 shall be deemed to be pending—
(i) if such application has been rejected, till the date of the rejection of the
application; and
(ii) in any other case, till the date of payment of compensation in
pursuance of the application.
164. Payment of compensation in case of death or grevious hurt, etc.—(1)
Notwithstanding anything contained in this Act or in any other law for the time
being in force or instrument having the force of law, the owner of the motor vehicle
or the authorised insurer shall be liable to pay in the case of death or grievous hurt
due to any accident arising out of the use of motor vehicle, a compensation, of a
sum of five lakh rupees in case of death or of two and a half lakh rupees in case of
grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall not
be required to plead or establish that the death or grievous hurt in respect of which
the claim has been made was due to any wrongful act or neglect or default of the
owner of the vehicle or of the vehicle concerned or of any other person.
(3) Where, in respect of death or grievous hurt due to an accident arising out of
the use of motor vehicle, compensation has been paid under any other law for the
time being in force, such amount of compensation shall be reduced from the
-----------------------------------------------------------------------------------------------------------------------------------------------------------
amount of compensation payable under this section.

164A. Scheme for interim relief for claimants.—(1) The Central Government, may
make schemes for the provision of interim relief to claimants praying for
compensation under this Chapter.
(2) A scheme made under sub-section (1) shall also provide for procedure to
recover funds disbursed under such scheme from the owner of the motor vehicle,
where the claim arises out of the use of such motor vehicle or other sources as may
be prescribed by the Central Government.
164B. Motor Vehicle Accident Fund.—(1) The Central Government shall constitute
a Fund to be called the Motor Vehicle Accident Fund and thereto shall be credited—
(a) payment of a nature notified and approved by the Central Government;
(b) any grant or loan made to the Fund by the Central Government;
(c) the balance of the Fund created under scheme framed under section 163, as
it stood immediately before the commencement of the Motor Vehicles
(Amendment) Act, 2019; and
(d) any other source of income as may be prescribed by the Central Government.
(2) The Fund shall be constituted for the purpose of providing compulsory
insurance cover to all road users in the territory of India.
(3) The Fund shall be utilised for the following, namely:—
(a) treatment of the persons injured in road accidents in accordance with the
scheme framed by the Central Government under section 162;
(b) compensation to representatives of a person who died in hit and run motor
accident in accordance with schemes framed under section 161;
(c) compensation to a person grievously hurt in a hit and run motor accident in
accordance with schemes framed under section 161; and
(d) compensation to such persons as may be prescribed by the Central
Government.
(4) The maximum liability amount that shall be paid in each case shall be such
as may be prescribed by the Central Government.
(5) In all cases specified in clause (a) of sub-section (3), when the claim of such
person becomes payable, where amount has been paid out of this Fund to any
person, the same amount shall be deductible from the claim received by such
person from the insurance company.
(6) The Fund shall be managed by such authority or agency as the Central
Government may specify having regard to the following:—
(a) knowledge of insurance business of the agency;
(b) capability of the agency to manage funds; and
(c) any other criteria as may be prescribed by the Central Government.
(7) The Central Government shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts of the Fund in such form as
may be prescribed by the Central Government in consultation with the Comptroller
and Auditor-General of India.
(8) The accounts of the Fund shall be audited by the Comptroller and Auditor-
General of India at such intervals as may be specified by him.
(9) The Comptroller and Auditor-General of India or any person appointed by him
in connection with the audit of the accounts of the Fund under this Act shall have
the same rights, privileges and authority in connection with such audit of the
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Authority.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(10) The accounts of the Fund, as certified by the Comptroller and Auditor-
General of India or any other person appointed by him in this behalf, together with
the audit report thereon, shall be forwarded annually to the Central Government
and the Central Government shall cause the same to be laid before each House of
the Parliament.
(11) Any scheme framed under sub-section (3) of section 161, as it stood
immediately before the commencement of the Motor Vehicles (Amendment) Act,
2019, shall be discontinued and all rights and liabilities accruing thereunder shall
be met out of the Fund with effect from the date of commencement of this Act.
164C. Power of Central Government to make rules.—(1) The Central Government
may make rules for the purposes of carrying into effect, the provisions of this
Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the forms to be used for the purposes of this Chapter including,—
(i) the form of the insurance policy and the particulars it shall contain as
referred to in sub-section (3) of section 147;
(ii) the form for making changes in regard to the fact of transfer in the
certificate of insurance under sub-section (2) of section 157;
(iii) the form in which the accident information report may be prepared, the
particulars it shall contain, the manner and the time for submitting the
report to the Claims Tribunal and the other agency under section 159;
(iv) the form for furnishing information under section 160; and
(v) the form of the annual statement of accounts for the Motor Vehicle
Accident Fund under sub-section (7) of section 164B;
(b) the making of applications for and the issue of certificates of insurance;
(c) the issue of duplicates to replace certificates of insurance lost, destroyed or
mutilated;
(d) the custody, production, cancellation and surrender of certificates of
insurance;
(e) the records to be maintained by insurers of policies of insurance issued under
this Chapter;
(f) the identification by certificates or otherwise of persons or vehicles exempted
from the provisions of this Chapter;
(g) the furnishing of information respecting policies of insurance by insurers;
(h) adopting the provisions of this Chapter to vehicles brought into India by
persons making only a temporary stay therein or to vehicles registered in a
reciprocating country and operating on any route or within any area in India
by applying those provisions with prescribed modifications;
(i) the requirements which a certificate of insurance is required to comply with as
referred to in clause (b) of section 145;
(j) administration of the Fund established under sub-section (3) of section 146;
(k) the minimum premium and the maximum liability of an insurer under sub-
section (2) of section 147;
(l) the conditions subject to which an insurance policy shall be issued and other
matters related thereto as referred to in sub-section (3) of section 147;
(m) the details of settlement, the time limit for such settlement and the
procedure thereof under sub-section (2) of section 149;
(n) the extent of exemptions and the modifications under the proviso to sub-
section (3) of section 158;
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(o) the other evidence under sub-section (5) of section 158;

(p) such other agency to which the accident information report as referred to in
section 159 may be submitted;
(q) the time limit and fee for furnishing information under section 160;
(r) the higher amount of compensation in respect of death under clause (a) of
sub-section (2) of section 161;
(s) a sum to be paid as interim relief as referred to in clause (a) of sub-section
(4) of section 161;
(t) the procedure for payment of compensation under sub-section (1) of section
164;
(u) such other sources from which funds may be recovered for the scheme as
referred to in sub-section (2) of section 164A;
(v) any other source of income that may be credited into the Motor Vehicle
Accident Fund under sub-section (1) of section 164B;
(w) the persons to whom compensation may be paid under clause (d) of sub-
section (3) of section 164B;
(x) the maximum liability amount under sub-section (4) of section 164B;
(y) the other criteria under clause (c) of sub-section (6) of section 164B;
(z) any other matter which is to be, or may be, prescribed or in respect of which
provision is to be made by rules.
164D. Power of State Government to make rules.—(1) The State Government
Chapter other than the matters specified in section 164C.
provide for—
(a) the other authority under sub-section (5) of section 147; and
(b) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules.”.
52. Amendment of section 165.—In section 165 of the principal Act, in the
Explanation, for the words, figures and letter “section 140 and section 163A”, the word
and figures “section 164” shall be substituted.
namely:—
“Provided further that where a person accepts compensation under section
164 in accordance with the procedure provided under section 149, his claims
petition before the Claims Tribunal shall lapse.”.
(ii) in sub-section (2), the proviso shall be omitted;
“(3) No application for compensation shall be entertained unless it is made
within six months of the occurrence of the accident.”.
(iv) in sub-section (4), for the words, brackets and figures “sub-section (6) of
section 158”, the word and figures “section 159” shall be substituted;
(v) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Notwithstanding anything in this Act or any other law for the time
being in force, the right of a person to claim compensation for injury in an
accident shall, upon the death of the person injured, survive to his legal
representatives, irrespective of whether the cause of death is relatable to or
had any nexus with the injury or not.”.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
section (1),—
(i) for the word and figures “section 162”, the word and figures “section 163”
(ii) the proviso shall be omitted.
“(4) For the purpose of enforcement of its award, the Claims Tribunal shall also
have all the powers of a Civil Court in the execution of a decree under the Code of
Civil Procedure, 1908 (5 of 1908), as if the award were a decree for the payment of
money passed by such court in a civil suit.”.
56. Amendment of section 170.—In section 170 of the principal Act, for the word
and figures “section 149” the word and figures “section 150” shall be substituted.
section (2), for the words “ten thousand”, the words “one lakh” shall be substituted.
58. Amendment of section 177.—In section 177 of the principal Act, for the
words “one hundred rupees” and “three hundred rupees”, the words “five hundred
rupees” and “one thousand and five hundred rupees” shall respectively be substituted.
59. Insertion of section 177A.—After section 177 of the principal Act, the
“177A. Penalty for contravention of regulations under section 118.—Whoever
contravenes the regulations made under section 118, shall be punishable with fine
which shall not be less than five hundred rupees, but may extend to one thousand
rupees.”.
section (3), in clause (b), for the words “two hundred rupees”, the words “five
hundred rupees” shall be substituted.
(i) in sub-section (1), for the words “five hundred rupees”, the words “two
thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “five hundred rupees”, the words “two
thousand rupees” shall be substituted.
words “which may extend to one thousand rupees”, the words “of five thousand
rupees” shall be substituted.
words “which may extend to five hundred rupees”, the words “of five thousand rupees”
shall be substituted.
(i) in sub-section (1), for the words “which may extend to five hundred rupees”,
the words “of ten thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “one hundred rupees”, the words “ten
65. Substitution of new section for section 182A.—For section 182A of the
principal Act, the following sections shall be substituted, namely:—
“182A. Punishment for offences relating to construction, maintenance, sale and
alteration of motor vehicles and components.—(1) Whoever, being a manufacturer,
importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or
deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter
VII or the rules and regulations made thereunder, shall be punishable with
imprisonment for a term which may extend to one year, or with fine of one lakh
-----------------------------------------------------------------------------------------------------------------------------------------------------------
rupees per such motor vehicle or with both:

Provided that no person shall be convicted under this section if he proves that,
at the time of sale or delivery or alteration or offer of sale or delivery or alteration
of such motor vehicle, he had disclosed to the other party the manner in which
such motor vehicle was in contravention of the provisions of Chapter VII or the
rules and regulations made thereunder.
(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the
provisions of Chapter VII or the rules and regulations made thereunder, shall be
punishable with imprisonment for a term which may extend to one year or with fine
which may extend to one hundred crore rupees or with both.
(3) Whoever, sells or offers to sell, or permits the sale of any component of a
motor vehicle which has been notified as a critical safety component by the Central
Government and which does not comply with Chapter VII or the rules and
regulations made thereunder shall be punishable with imprisonment for a term
which may extend to one year or with fine of one lakh rupees per such component
or with both.
(4) Whoever, being the owner of a motor vehicle, alters a motor vehicle,
including by way of retrofitting of motor vehicle parts, in a manner not permitted
under the Act or the rules and regulations made thereunder shall be punishable
with imprisonment for a term which may extend to six months, or with fine of five
thousand rupees per such alteration or with both.
182B. Punishment for contravention of section 62A.—Whoever contravenes the
provisions of section 62A, shall be punishable with fine which shall not be less than
five thousand rupees, but may extend to ten thousand rupees.”.
(a) after the words “Whoever drives”, the words “or causes any person who is
employed by him or subjects someone under his control to drive” shall be
inserted;
(b) for the words “with fine which extend to four hundred rupees, or, if having
been previously convicted of an offence under this sub-section is again
convicted of an offence under this sub-section, with fine which may extend
to one thousand rupees”, the following shall be substituted, namely:—
“in the following manner, namely:—
(i) where such motor vehicle is a light motor vehicle with fine which shall
not be less than one thousand rupees but may extend to two
thousand rupees;
(ii) where such motor vehicle is a medium goods vehicle or a medium
passenger vehicle or a heavy goods vehicle or a heavy passenger
vehicle with fine which shall not be less than two thousand rupees,
but may extend to four thousand rupees; and
(iii) for the second or any subsequent offence under this sub-section the
driving licence of such driver shall be impounded as per the provisions
of the sub-section (4) of section 206.”.
(ii) sub-section (2) shall be omitted.
(iii) in sub-section (3), after the word “mechanical”, the words “or electronic”
shall be inserted.
(iv) in sub-section (4), for the word, brackets and figure “sub-section (2)”, the
word, brackets and figure “sub-section (1)” shall be substituted.
(i) after the words “dangerous to the public”, the words “or which causes a sense
-----------------------------------------------------------------------------------------------------------------------------------------------------------
of alarm or distress to the occupants of the vehicle, other road users, and
persons near roads,” shall be inserted;
(ii) for the words “which may extend to six months or with fine which may
extend to one thousand rupees”, the words “which may extend to one year
but shall not be less than six months or with fine which shall not be less than
one thousand rupees but may extend to five thousand rupees, or with both”
(iii) for the words “which may extend to two thousand rupees”, the words “of ten
(iv) the following Explanation shall be inserted, namely:—
“Explanation.—For the purpose of this section,—
(a) jumping a red light;
(b) violating a stop sign;
(c) use of handheld communications devices while driving;
(d) passing or overtaking other vehicles in a manner contrary to law;
(e) driving against the authorised flow of traffic; or
(f) driving in any manner that falls far below what would be expected of a
competent and careful driver and where it would be obvious to a
competent and careful driver that driving in that manner would be
dangerous,
shall amount to driving in such manner which is dangerous to the public.”.
(i) in clause (a), after the words “breath analyser,”, the words “or in any other
test including a laboratory test,” shall be inserted;
(ii) for the words “which may extend to two thousand rupees”, the words “of ten
(iii) the words “ if committed within three years of the commission of the
previous similar offence,” shall be omitted;
(iv) for the words “which may extend to three thousand rupees”, the words “of
fifteen thousand rupees” shall be substituted;
(v) for the Explanation, the following Explanation shall be substituted, namely:—
‘Explanation.—For the purposes of this section, the expression “drug”
means any intoxicant other than alcohol, natural or synthetic, or any natural
material or any salt, or preparation of such substance or material as may be
notified by the Central Government under this Act and includes a narcotic
drug and psychotropic substance as defined in clause (xiv) and clause (xxiii)
of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61
of 1985).’.
69. Amendment of section 186.—In section 186 in the principal Act, for the
words “two hundred rupees” and “five hundred rupees”, the words “one thousand
rupees” and “two thousand rupees” shall respectively be substituted.
(i) for the brackets and letter “(c)” the brackets and letter “(a)” shall be
substituted;
(ii) for the words “three months”, the words “six months” shall be substituted;
(iii) for the words “which may extend to five hundred rupees”, the words “of five
(iv) for the words “six months”, the words “one year” shall be substituted; and
(v) for the words “which may extend to one thousand rupees”, the words “of ten
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(i) for the words “one month”, the words “three months” shall be substituted;
(ii) for the words “which may extend to five hundred rupees”, the words “of five
(iii) after the words “with both”, the words, “and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to one year, or
with fine of ten thousand rupees; or with both.” shall be inserted.
(a) for the words “which may extend to two hundred and fifty rupees”, the
words “of one thousand five hundred rupees” shall be substituted;
(b) for the words “which may extend to one thousand rupees”, the words “of
five thousand rupees” shall be substituted; and
(c) after the words “with both”, the words “and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to six
months, or with a fine of ten thousand rupees for bodily injury or damage
to property” shall be inserted.
(a) for the words “a fine of one thousand rupees”, the words “imprisonment
for a term which may extend to three months, or with fine which may
extend to ten thousand rupees or with both and he shall be disqualified for
holding licence for a period of three months” shall be substituted; and
(b) for the words “a fine of two thousand rupees”, the words “imprisonment
for a term which may extend to six months, or with fine which may extend
to ten thousand rupees or with both” shall be substituted;
(a) for the words “which may extend to three thousand rupees”, the words
“with a fine of ten thousand rupees and he shall be disqualified for holding
licence for a period of three months” shall be substituted; and
(b) for the words “which may extend to five thousand rupees”, the words “of
twenty thousand rupees” shall be substituted.
73. Omission of section 191.—Section 191of the principal Act shall be omitted.
74. Amendment of section 192.—In section 192 of the principal Act, the
following Explanation shall be inserted, namely:—
“Explanation.—Use of a motor vehicle in contravention of the provisions of
section 56 shall be deemed to be a contravention of the provisions of section 39 and
shall be punishable in the same manner as provided in sub-section (1).”.
75. Amendment of section 192A.—In section 192A of the principal Act, in sub-
section (1),—
(i) after the words “for the first offence with”, the words “imprisonment for a
term which may extend to six months and” shall be inserted;
(ii) for the words “which may extend to five thousand rupees but shall not be
less than two thousand rupees”, the words “of ten thousand rupees” shall be
substituted;
(iii) for the words “three months”, the words “six months” shall be substituted;
(iv) for the words “which may extend to ten thousand rupees but shall not be
less than five thousand rupees”, the words “of ten thousand rupees” shall be
substituted.
76. Insertion of new section 192B.—After section 192A of the principal Act, the
-----------------------------------------------------------------------------------------------------------------------------------------------------------
“192B. Offences relating to registration.—(1) Whoever, being the owner of a

motor vehicle, fails to make an application for registration of such motor vehicle
under sub-section (1) of section 41 shall be punishable with fine of five times the
annual road tax or one-third of the lifetime tax of the motor vehicle whichever is
higher.
(2) Whoever, being a dealer, fails to make an application for the registration of a
new motor vehicle under the second proviso to sub-section (1) of section 41 shall
be punishable with fine of fifteen times the annual road tax or the lifetime tax of the
motor vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a certificate of
registration for such vehicle on the basis of documents which were, or by
representation of facts which was, false in any material particular, or the engine
number or the chassis number embossed thereon are different from such number
entered in the certificate of registration shall be punishable with imprisonment for a
term which shall not be less than six months but may extend to one year and with
fine equal to ten times the amount of the annual road tax or two-third the lifetime
tax of the motor vehicle, whichever is higher.
(4) Whoever, being a dealer, obtains a certificate of registration for such vehicle
on the basis of documents which were, or by representation of facts which was,
false in any material particular, or the engine number or the chassis number
embossed thereon are different from such number entered in the certificate of
registration shall be punishable with imprisonment for a term which shall not be
less than six months but may extend to one year and with fine equal to ten times
the amount of annual road tax or two-third the lifetime tax of the motor vehicle,
whichever is higher.”.
77. Amendment of section 193.—In the principal Act,—
(A) in section 193, in the marginal heading, for the words “agents and
canvassers”, the words “agents, canvassers and aggregators” shall be
substituted;
(B) section 193 shall be numbered as sub-section (1) thereof, and—
(i) in sub-section (1) as so numbered,-—
(a) for the words “which may extend to one thousand rupees”, the words
“of one thousand rupees” shall be substituted;
(b) for the words “which may extend to two thousand rupees”, the words
“of two thousand rupees” shall be substituted;
(ii) after sub-section (1) as so numbered, the following sub-sections shall be
inserted, namely:—
“(2) Whoever engages himself as an aggregator in contravention of the
provisions of section 93 or of any rules made thereunder shall be
punishable with fine up to one lakh rupees but shall not be less than
twenty-five thousand rupees.
(3) Whoever, while operating as an aggregator contravenes a condition
of the licence granted under sub-section (1) of section 93, not designated
by the State Government as a material condition, shall be punishable with
fine of five thousand rupees.”.
(a) the word “minimum” shall be omitted;
(b) for the words “of two thousand rupees and an additional amount of one
thousand rupees per tonne of excess load”, the words “of twenty thousand
rupees and an additional amount of two thousand rupees per tonne of
-----------------------------------------------------------------------------------------------------------------------------------------------------------
excess load” shall be substituted;

(c) the following proviso shall be inserted, namely:—
“Provided that such motor vehicle shall not be allowed to move before
such excess load is removed or is caused or allowed to be removed by the
person in control of such motor vehicle.”;
“(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to
be driven when such motor vehicle is loaded in such a manner that the load or
any part thereof or anything extends laterally beyond the side of the body or
to the front or to the rear or in height beyond the permissible limit shall be
punishable with a fine of twenty thousand rupees, together with the liability to
pay charges for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before such
load is arranged in a manner such that there is no extension of the load
laterally beyond the side of the body or to the front or to the rear or in height
beyond the permissible limit:
Provided further that nothing in this sub-section shall apply when such
motor vehicle has been given an exemption by the competent authority
authorised in this behalf, by the State Government or the Central
Government, allowing the carriage of a particular load.”;
(iii) in sub-section (2), for the words, “which may extend to three thousand
rupees”, the words “of forty thousand rupees” shall be substituted.
79. Insertion of new sections 194A, 194B, 194C, 194D, 194E and 194F.—
After section 194 of the principal Act, the following sections shall be inserted, namely:
—
“194A. Carriage of excess passengers.—Whoever drives a transport vehicle or
causes or allows a transport vehicle to be driven while carrying more passengers
than is authorised in the registration certificate of such transport vehicle or the
permit conditions applicable to such transport vehicle shall be punishable with a
fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall not be allowed to move before the
excess passengers are off-loaded and an alternative transport is arranged for
such passengers.
194B. Use of safety belts and the seating of children.—(1) Whoever drives a
motor vehicle without wearing a safety belt or carries passengers not wearing seat
belts shall be punishable with a fine of one thousand rupees:
Provided that the State Government, may by notification in the Official
Gazette, exclude the application of this sub-section to transport vehicles to carry
standing passengers or other specified classes of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven with a child who, not having attained the age of fourteen years, is not
secured by a safety belt or a child restraint system shall be punishable with a fine
of one thousand rupees.
194C. Penalty for violation of safety measures for motor cycle drivers and pillion
riders.—Whoever drives a motor cycle or causes or allows a motor cycle to be driven
in contravention of the provisions of section 128 or the rules or regulations made
thereunder shall be punishable with a fine of one thousand rupees and he shall be
disqualified for holding licence for a period of three months.
194D. Penalty for not wearing protective headgear.—Whoever drives a motor
cycle or causes or allows a motor cycle to be driven in contravention of the
provisions of section 129 or the rules or regulations made thereunder shall be
-----------------------------------------------------------------------------------------------------------------------------------------------------------
punishable with a fine of one thousand rupees and he shall be disqualified for
holding licence for a period of three months.
194E. Failure to allow free passage to emergency vehicles.—Whoever while
driving a motor vehicle fails to draw to the side of the road, on the approach of a
fire service vehicle or of an ambulance or other emergency vehicle as may be
specified by the State Government, shall be punishable with imprisonment for a
term which may extend to six months, or with a fine of ten thousand rupees or with
both.
194F. Use of horns and silence zones.—Whoever—
(a) while driving a motor vehicle—
(i) sounds the horn needlessly or continuously or more than necessary to
ensure safety, or
(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn,
or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust gases
are released other than through the silencer,
shall be punishable with a fine of one thousand rupees and for a second or
subsequent offence with a fine of two thousand rupees.”.
80. Omission of section 195.—Section 195 of the principal Act shall be omitted.
(i) after the words “shall be punishable”, the words “for the first offence” shall be
inserted;
(ii) for the words “which may extend to one thousand rupees”, the words “of two
thousand rupees,” shall be substituted; and
(iii) after the words “with both”, the words “, and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to three
months, or with fine of four thousand rupees, or with both.” shall be inserted.
(i) in sub-section (1), for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted.
words “with fine which may extend to one hundred rupees”, the words “with fine of
one thousand rupees” shall be substituted.
84. Insertion of new section 198A.—After section 198 of the principal act, the
‘198A. Failure to comply with standards for road design, construction and
maintenance.—(1) Any designated authority, contractor, consultant or
concessionaire responsible for the design or construction or maintenance of the
safety standards of the road shall follow such design, construction and maintenance
standards, as may be prescribed by the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant
or concessionaire responsible under sub-section (1) to comply with standards for
road design, construction and maintenance, results in death or disability, such
authority or contractor or concessionaire shall be punishable with a fine which may
extend to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B.
(3) For the purposes of sub-section (2), the court shall in particular have regard
to the following matters, namely:—
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(a) the characteristics of the road, and the nature and type of traffic which was
reasonably expected to use it as per the design of road;
(b) the standard of maintenance norms applicable for a road of that character
and use by such traffic;
(c) the state of repair in which road users would have expected to find the road;
(d) whether the designated authority responsible for the maintenance of the road
knew, or could reasonably have been expected to know, that the condition of
the part of the road to which the action relates was likely to cause danger to
the road users;
(e) whether the designated authority responsible for the maintenance of the road
could not reasonably have been expected to repair that part of the road before
the cause of action arose;
(f) whether adequate warning notices through road signs, of its condition had
been displayed; and
(g) such other matters as may be prescribed by the Central Government.
Explanation.—For the purposes of this section, the term “contractor” shall
include sub-contractors and all such persons who are responsible for any stage
in the design, construction and maintenance of a stretch of road.’.
85. Insertion of new sections 199A and 199B.—After section 199 of the
principal Act, the following sections shall be inserted, namely:—
“199A. Offences by juveniles.—(1) Where an offence under this Act has been
committed by a juvenile, the guardian of such juvenile or the owner of the motor
vehicle shall be deemed to be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render such guardian or owner
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
Explanation.—For the purposes of this section, the Court shall presume that
the use of the motor vehicle by the juvenile was with the consent of the guardian
of such juvenile or the owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (1), such guardian or owner
shall be punishable with imprisonment for a term which may extend to three years
and with a fine of twenty-five thousand rupees.
(3) The provisions of sub-section (1) and sub-section (2) shall not apply to such
guardian or owner if the juvenile committing the offence had been granted a
learner's licence under section 8 or a driving licence and was operating a motor
vehicle which such juvenile was licensed to operate.
(4) Where an offence under this Act has been committed by a juvenile, the
registration of the motor vehicle used in the commission of the offence shall be
cancelled for a period of twelve months.
(5) Where an offence under this Act has been committed by a juvenile, then,
notwithstanding section 4 or section 7, such juvenile shall not be eligible to be
granted a driving licence under section 9 or a learner's licence under section 8 until
such juvenile has attained the age of twenty-five years.
(6) Where an offence under this Act has been committed by a juvenile, then
such juvenile shall be punishable with such fines as provided in the Act while any
custodial sentence may be modified as per the provisions of the Juvenile Justice
Act, 2000 (56 of 2000).
199B. Revision of fines.—The fines as provided in this Act shall be increased by
such amount not exceeding ten per cent. in value of the existing fines, on an annual
-----------------------------------------------------------------------------------------------------------------------------------------------------------
basis on 1st day of April of each year from the date of commencement of the Motor
Vehicles (Amendment) Act, 2019, as may be notified by the Central Government.”.
(a) for the words, figures and brackets “punishable under section 177, section
178, section 179, section 180, section 181, section 182, sub-section (1) or
sub-section (2) of section 183, section 184, section 186, section 189, sub-
section (2) of section 190, section 191, section 192, section 194, section
196, or section 198,”, the words, brackets, figures and letters “punishable
under section 177, section 178, section 179, section 180, section 181,
section 182, sub-section (1) or sub-section (3) or sub-section (4) of section
182A, section 182B, sub-section (1) or sub-section (2) of section 183,
section 184 only to the extent of use of handheld communication devices,
section 186, section 189, sub-section (2) of section 190, section 192,
section 192A, section 194, section 194A, section 194B, section 194C,
section 194D, section 194E, section 194F, section 196, section 198,” shall
be substituted;
(b) the following proviso shall be inserted, namely:—
“Provided that the State Government may, in addition to such amount,
require the offender to undertake a period of community service.”;
(ii) after sub-section (2), the following provisos shall be inserted, namely:—
“Provided that notwithstanding compounding under this section, such
offence shall be deemed to be a previous commission of the same offence for
the purpose of determining whether a subsequent offence has been
committed:
Provided further that compounding of an offence will not discharge the
offender from proceedings under sub-section (4) of section 206 or the
obligation to complete a driver refresher training course, or the obligation to
complete community service, if applicable.”.
(a) the word “disabled” shall be omitted;
(b) for the words “fifty rupees per hour”, the words “five hundred rupees”
(c) in the second proviso, for the words “a Government Agency, towing
charges”, the words “an agency authorised by the Central Government or
State Government, removal charges” shall be substituted;
(ii) in sub-section (2), for the words “towing charges”, the words “removal
charges” shall be substituted;
“(3) sub-section (1) shall not apply where the motor vehicle has suffered
an unforeseen breakdown and is in the process of being removed.”;
(iv) after sub-section (3), the following Explanation shall be inserted, namely:—
‘Explanation.—For the purposes of this section, “removal charges” includes
any costs involved in the removal of the motor vehicle from one location to
another and also includes any costs related to storage of such motor vehicle.’.
“(4) A police officer or other person authorised in this behalf by the State
Government shall, if he has reason to believe that the driver of a motor vehicle has
-----------------------------------------------------------------------------------------------------------------------------------------------------------
committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D,
or 194E, seize the driving licence held by such driver and forward it to the licensing
authority for disqualification or revocation proceedings under section 19:
Provided that the person seizing the licence shall give to the person surrendering
the licence a temporary acknowledgement therefor, but such acknowledgement
shall not authorise the holder to drive until the licence has been returned to him.”.
89. Insertion of new sections 210A, 210B, 210C and 210D.—After section 210
of the principal Act, the following sections shall be inserted, namely:—
“210A. Power of State Government to increase penalties.—Subject to conditions
made by the Central Government, a State Government, shall, by notification in the
Official Gazette, specify a multiplier, not less than one and not greater than ten, to
be applied to each fine under this Act and such modified fine, shall be in force in
such State and different multipliers may be applied to different classes of motor
vehicles as may be classified by the State Government for the purpose of this
section.
210B. Penalty for offence committed by an enforcing authority.—Any authority
that is empowered to enforce the provisions of this Act shall, if such authority
commits an offence under this Act, shall be liable for twice the penalty
corresponding to that offence under this Act.
210C. Power of Central Government to make rules.—The Central Government
may make rules for—
(a) design, construction and maintenance standards for National highways;
(b) such other factors as may be taken into account by the Court under sub-
section (3) of section 198A;
(c) any other matter which is, or has to be, prescribed by the Central
Government.
210D. Power of State Government to make rules.—The State Government may
make rules for design, construction and maintenance standards for roads other than
national highways, and for any other matter which is, or may be, prescribed by the
State Government.”.
“211A. Use of electronic forms and documents.—(1) Where any provision of this
Act or the rules and regulations made thereunder provide for—
(a) the filing of any form, application or any other document with any office,
authority, body or agency owned or controlled by the Central Government or
the State Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction, approval or endorsement,
by whatever name called in a particular manner; or
(c) the receipt or payment of money in a particular manner, then
notwithstanding anything contained in such provision, such requirement shall
be deemed to have been satisfied if such filing, issue, grant, receipt or
payment, as the case may be, is effected by means of such electronic form as
may be prescribed by the Central Government or the State Government, as
the case may be.
(2) The Central Government or the State Government shall, for the purpose of
sub-section (1), prescribe—
(a) the manner and format in which such electronic forms and documents shall
be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing, creation or
issue of any electronic document under clause (a).”.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(a) after the words, brackets and figures “the proviso to sub-section (1) of
section 112”, the word and figures “section 118” shall be inserted;
(b) after the words, brackets, figures and letter “sub-section (4) of section
163A”, the words, figures and letter “section 164, section 177A” shall be
inserted;
“(5) Every notification issued by the State Government under section 210A
shall be laid, as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or where such Legislature
consists of one House, before that House, while it is in session for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, the House agrees or
both Houses agree, as the case may be, in making any modification in the
notification or the House agrees or both Houses agree, as the case may be,
that the notification should not be issued, the notification shall thereafter have
effect only in such modified form or be of no effect as the case may be; so,
however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that notification.”.
92. Insertion of new sections 215A, 215B, 215C and 215D.—After section 215
of the principal Act, the following sections shall be inserted, namely:—
“215A. Power of Central Government and State Government to delegate.—
Notwithstanding anything contained in this Act,—
(a) the Central Government shall have the power to delegate any power or
functions that have been conferred upon it by the Act to any public servant or
public authority and authorise such public servant or public authority to
discharge any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or
functions that have been conferred upon it by the Act to any public servant or
public authority and authorise such public servant or public authority to
discharge any of its powers, functions and duties under this Act.
215B. National Road Safety Baord.—(1) The Central Government shall, by
notification in the Official Gazette, constitute a National Road Safety Board
consisting of a Chairman, such number of representatives from the State
Governments, and such other members as it may consider necessary and on such
terms and conditions as may be prescribed by the Central Government.
(2) The National Board shall render advice to the Central Government or State
Government, as the case may be, on all aspects pertaining to road safety and traffic
management including, but not limited to,—
(a) the standards of design, weight, construction, manufacturing process,
operation and maintenance of motor vehicles and of safety equipment;
(b) the registration and licensing of motor vehicles;
(c) the formulation of standards for road safety, road infrastructure and control of
traffic;
(d) the facilitation of safe and sustainable utilisation of road transport
ecosystem;
(e) the promotion of new vehicle technology;
(f) the safety of vulnerable road users;
(g) programmes for educating and sensitising drivers and other road users; and
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(h) such other functions as may be prescribed by the Central Government from
time to time.
215C. Power of Central Government to make rules.—(1) The Central Government
may make rules for the purposes of carrying into effect the provisions of this
Chapter.
provide for—
(a) the use of electronic forms and means for the filing of documents, issue or
grant of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A;
(b) the minimum qualifications which the Motor Vehicles Department officers or
any class thereof shall be required to possess for appointment as such, as
referred to in sub-section (4) of section 213;
(c) the terms and conditions of appointment of Chairman and Members of the
National Road Safety Board under sub-section (1) of section 215B;
(d) the other functions of the National Road Safety Board under sub-section (2)
of section 215B; and
(e) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules by the Central Government.
215D. Power of State Government to make rules.—(1) The State Government
Chapter, other than the matters specified in section 215C.
provide for—
(a) the use of electronic forms and means for the filing of documents, issue or
grant of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A;
(b) the duties and functions of the officers of the Motor Vehicle Department, the
powers to be exercised by such officers (including the powers exercisable by
police officers under this Act) and the conditions governing the exercise of
such powers, the uniform to be worn by them, the authorities to which they
shall be subordinate as referred to in sub-section (3) of section 213;
(c) such other powers as may be exercised by officers of the Motor Vehicles
Department as referred to in clause (f) of sub-section (5) of section 213; and
(d) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules by the State Government.”.
93. Omission of Second Schedule.—In the principal Act, the Second Schedule
shall be omitted.
———
1.
Received the assent of the President on 9-8-2019, published in the Gazette of India, Extra., Part II, S. 1, No.
51, dated 9-8-2019.
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.

(Motor Vehicles (Amendment) Act, 2019)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(Motor Vehicles (Amendment) Act, 2019)

Uploaded by

Copyright:

Available Formats

SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.

Page 1 Thursday, March 24, 2022

An Act further to amend the Motor Vehicles Act, 1988.

17. Section 37 and 38;

“2B. Promotion of innovation.—Notwithstanding anything contained in this Act

State” shall be substituted;

28. Amendment of section 65.—In section 65 of the principal Act, in sub-section

-section (3) of section 67 or sub-section (1) of section 88A by reason of

33. Amendment of section 74.—In section 74 of the principal Act,—

“Provided that while issuing the licence to an aggregator the State

shall be liable for its accreditation and registration to be cancelled.”.

following section shall be inserted, namely:—

the purposes of regulating the activities and access of non-mechanically propelled

believe that there is no such policy in force.

entitled under the corresponding law of the reciprocating country, to be made a

on the persons therein mentioned.

157. Transfer of certificate of insurance.—(1) Where a person, in whose favour

162. Scheme for golden hour.—(1) Notwithstanding anything contained in the

amount of compensation payable under this section.

(o) the other evidence under sub-section (5) of section 158;

rupees per such motor vehicle or with both:

71. Amendment of section 189.—In section 189 of the principal Act,—

“192B. Offences relating to registration.—(1) Whoever, being the owner of a

excess load” shall be substituted;

91. Amendment of section 212.—In section 212 of the principal Act,—

You might also like